Guilarte v. Monti et al

Filing 40

ORDER GRANTING PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME; CONTINUING HEARING ON DEFENDANT MONTI'S MOTION TO DISMISS. Plaintiff's opposition shall be filed no later than December 2, 2016. Monti's reply, if any, shall be filed no later than December 16, 2016. The hearing on the motion is continued from December 16, 2016, to January 6, 2017, at 9:00 a.m. Signed by Judge Maxine M. Chesney on November 29, 2016. (mmclc1, COURT STAFF) (Filed on 11/29/2016)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 EDUARDO GUILARTE, Plaintiff, 9 v. 10 United States District Court Northern District of California 11 ANDREA MONTI, et al., Defendants. 12 Case No. 16-cv-01726-MMC ORDER GRANTING PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME; CONTINUING HEARING ON DEFENDANT MONTI'S MOTION TO DISMISS Re: Dkt. No. 38 13 14 Before the Court is plaintiff Eduardo Guilarte's "Application for Order [to] Extend 15 Time," filed November 23, 2016. Defendant Andrea Monti ("Monti") has not filed a 16 response thereto. Having read and considered the application,1 the Court rules as 17 follows. 18 In his application, plaintiff seeks an extension of time to respond to Monti's motion 19 to dismiss; specifically, plaintiff seeks an extension from November 23, 2016, to 20 November 25, 2016, for the asserted reason that his counsel was "in the hospital." (See 21 Appl. at 1:26-27.) Plaintiff, through counsel, filed the application at literally the eleventh 22 hour, specifically, at 11:59 p.m. on November 23, 2016. Moreover, the application was 23 filed one minute before the start of a national holiday, and, as set forth on this District's 24 1 25 26 27 28 Plaintiff failed to provide the Court with a chambers copy of his application. Nonetheless, the Court has considered it. For future reference, plaintiff is reminded that, pursuant to Civil Local Rule 5-1(e)(7) and the Court's Standing Orders, parties are required to provide for use in chambers one paper copy of each document that is filed electronically. 1 website, the undersigned was unavailable the following day as well. Lastly, as the 2 deadline for any opposition to the application was not due until November 28, 2016, see 3 Civil L.R. 6-3(b) (providing any opposition to motion to change time must be filed "no later 4 than 4 days after receiving the motion"),2 the application ordinarily could not be resolved 5 until a date after the date of the proposed extension. 6 7 Nevertheless, in light of the stated reason for an extension, the Court hereby GRANTS the application, as follows: 8 1. Plaintiff's opposition shall be filed no later than December 2, 2016. 9 2. Monti's reply, if any, shall be filed no later than December 16, 2016. 10 United States District Court Northern District of California 11 12 3. The hearing on the motion is continued from December 16, 2016, to January 6, 2017, at 9:00 a.m. IT IS SO ORDERED. 13 14 Dated: November 29, 2016 MAXINE M. CHESNEY United States District Judge 15 16 17 18 19 20 21 22 23 24 25 2 26 27 28 Although plaintiff characterizes his application as "ex parte," the Local Rules of this District prohibit a motion from being brought on an ex parte basis in the absence of the moving party's having identified "the statute, rule or order which permits the use of an ex parte motion to obtain the relief sought." See Civil L.R. 7-10. Plaintiff failed to cite any such statute, rule or order, nor could plaintiff, as none exists. 2

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